THE GOVERNMENT OF THE UNITED STATES OF AMERICA
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
THE ACCEPTANCE OF THE RETURN OF VIETNAMESE CITIZENS
The Government of the United States of America (hereinafter called
"the U.S. Government") and the Government of the Socialist Republic of
Vietnam (hereinafter called "the Vietnamese Government"),
With a wish of developing friendly relations between the two countries,
and to establish procedures for competent authorities of both countries on the
prompt and orderly acceptance of Vietnamese citizens who have been ordered
removed by the U.S. Government,
In order to establish common procedures for the relevant authorities
based on the legal principles of each country and the international
responsibility to accept the return of repatriated citizens; and to follow
recognized principles of international law, to allow for a case-by-case
determination of repatriation, and to recognize the right of the receiving
country to determine nationality,
Have agreed to the following:
1. The U.S. Government will carry out the repatriation of Vietnamese
citizens who violated U.S. law in accordance with U.S. and international law
and the provisions of this Agreement. The repatriation should take into
account the humanitarian aspect, family unity and circumstances of each
person in each individual case.
2. The Vietnamese Government may consider the return of its citizens
who violated U.S. law based on the consideration of legal procedures and the
status and circumstances of each individual case. The subject individuals and
the acceptance procedure will be based on the terms of this Agreement.
3. Repatriation will be carried out in an orderly and safe way, and with
respect for the individual human dignity of the person repatriated. The U.S.
Government will allow Vietnamese citizens who have been ordered removed
a reasonable time to arrange their personal affairs before returning them to
4. Persons repatriated under this Agreement have the right to transfer
their legal money and personal property to Vietnam.
5. The U.S. Government will pay for the cost of returning to Vietnam
persons repatriated under this Agreement, as provided in Article 5 and Annex
1. The U.S. Government will also pay for the cost of returning to the United
States any person who was mistakenly repatriated, in accordance with Article
3 of this Agreement.
Removable Persons and Conditions of Acceptance
1 . The Vietnamese Government will accept the return of Vietnamese
citizens in accordance with Article 1 and item 2 of Article 2 of this
Agreement, if upon investigation the individual meets the following
(a) The individual is a citizen of Vietnam and is not a citizen of the
United States or of any other country;
(b) The individual previously resided in Vietnam and has no current
residence in a third country;
(c) The individual has violated U.S. laws and has been ordered by
competent authority removed from the United States; and
(d) If the individual has been convicted of a criminal offense (including
immigration violation), the person will have completed any imprisonment
before removal, and any reduction in sentence will have been ordered by
2. Vietnamese citizens are not subject to return to Vietnam under this
Agreement if they arrived in the United States before July 12, 1995, the date
on which diplomatic relations were re-established between the U.S.
Government and the Vietnamese Government. The U.S. Government and the
Vietnamese Government maintain their respective legal positions relative to
Vietnamese citizens who departed Vietnam for the United States prior to that
3. In the case of a citizen of Vietnam who immigrated to the United
States from a third country where that person had a permanent residence and
who has been ordered removed from the United States, the U.S. Government
will seek to return that person to the third country or consider allowing that
person to stay in the United States, before requesting removal to Vietnam.
4. In any case where the Vietnamese Government obtains information
relevant to the repatriation of an individual that was not previously considered
by the U.S. Government, the Vietnamese Government may request a
humanitarian reconsideration based on the specific circumstances of the
repatriated person in accordance with United States law.
Upon notice by the Vietnamese Government that a person returned to
Vietnam by the U.S. Government does not meet all criteria mentioned in
Article 2 of this Agreement, the U.S. Government should promptly receive
the return of that person to the United States without any special procedure.
1. When the U.S. Government believes that a removable person is a
citizen of Vietnam and meets all criteria within Article 2 of this Agreement,
the U.S. Department of Homeland Security, on behalf of the U.S.
Government, will request appropriate travel documents from the Vietnamese
Government and will forward the appropriate files to that Government. Such
files will include three sets of documents, the original and two copies. The
original and one copy shall be forwarded to the Vietnamese Ministry of
Public Security (Immigration Department) by the U.S. Embassy in Vietnam,
and the other copy will be sent to the Vietnamese Ministry of Foreign Affairs
Each file will contain a diplomatic note which requests that the
Vietnamese Government accept the returnee, the name of the person the U.S.
Government believes should be repatriated to Vietnam, the appropriate forms
completed by such person (an example of which is provided in Annex 2 of.
Return of Persons Repatriated in Error
this Agreement), a copy of the order of removal, and other documents
regarding the person's biography, citizenship, criminal history, sentence
imposed, and decision of amnesty or reduction of criminal sentence. The
order of removal will be translated into Vietnamese on the standard form, and
the criminal history will include a National Crime Information Center (NCIC)
record in English accompanied by a code key translated into Vietnamese. All
documents and translations will be certified by the competent U.S. authorities.
2. Upon request by the Vietnamese Government, the U.S. Government
will arrange and facilitate the interview of persons who fall within Article
2(1) of this Agreement by Vietnamese immigration officials to determine
information regarding the Vietnamese citizenship, biographical data, and last
place of residence of such persons. The U.S. Department of Homeland
Security will arrange a venue for those interviews. The U.S. Government also
will facilitate interviews by U.S. -based consular officers of the Vietnamese
Government of deportable persons whom the U.S. believes to be Vietnamese
3. The Vietnamese Government will provide a prompt response to the
U.S. Government on cases referred under this Article after the Vietnamese
verification is made. If it is determined that a person whose name and file has
been provided to the Vietnamese Government in accordance with this Article
meets the requirements of Article 2, the Ministry of Public Security of the
Vietnamese Government will issue a travel document authorizing that
person's return to Vietnam, and will provide written notification to the U.S.
Embassy in Vietnam.
4. When the Vietnamese Government has issued a travel document
under this Agreement, the U.S. Government will provide at least fifteen (15)
days notice of the flight and travel arrangements by which the person will be
returned to Vietnam. The U.S. Embassy in Vietnam will inform the Ministry
of Public Security (Immigration Department) and the Ministry of Foreign
Affairs (Consular Department) of the date and number of the flight, the time
of arrival, the port of entry (Noi Bai Airport in Hanoi or Tan Son Nhat Airport
in Ho Chi Minh City), and the details regarding any U.S. officers escorting
the person to be returned (such as names, dates of birth, passport numbers,
estimated times of stay in Vietnam, etc), and allow the Vietnamese side to
confirm receipt of the returnees.
When a person under medical treatment is returned to Vietnam under
this Agreement, the escorting U.S. officers will provide a copy of the person's
health record to the receiving Vietnamese officials at the port of entry. The
escorting and receiving officers will sign a joint report verifying the person's
1. The U.S. Government will pay for the cost of transporting
Vietnamese citizens to Vietnam under this Agreement.
2. The U.S. Government will pay for the costs of receiving repatriated
persons including: verifying fee, the receipt at the airport and transportation of
the persons from airport to the place of residences in accordance with the
enclosed Annex 1 .
3. The U.S. Government will pay for the cost of arranging interviews
by relevant Vietnamese officials of persons whom the U.S. Government
believes to be Vietnamese citizens and subject to repatriation under this
4. The U.S. Government will pay for the cost of returning to the United
States persons who were repatriated in error, as provided in Article 3 of this
1. This Agreement will enter into force sixty (60) days from the date of
signature by both Governments.
2. Upon entry into force, this Agreement will be valid for five years.
The Agreement will be extended automatically for terms of three years
thereafter unless written notice not to extend is given by one Government to
the other at least six months prior to the expiration date of the Agreement.
This Agreement may be amended or supplemented by written
agreement of the Vietnamese Government and the U.S. Government through
appropriate diplomatic channels.
Entry into Force and Duration
Amendment and Supplementation
Resolution of Disputes
Any disputes regarding the interpretation and implementation of this
Agreement will be resolved through appropriate diplomatic channels.
This Agreement may be suspended or terminated by either
Government. Such suspension or termination of this Agreement will come
into effect after thirty days (30) from the date one Government receives the
written notification from the other Government of its intention to suspend or
Done at Hanoi, on 22 January 2008 in duplicate in the English and
Vietnamese languages, both texts being equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF THE SOCIALIST REPUBLIC OF
Suspension or Termination
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EXPENSES FOR REPATRIATION
Expenses for Repatriation
1/ Expenses for verification (including
verification through the Vietnamese Embassy in
the U.S.,) and receipt at airports in Vietnam
2/ Transportation fee for the repatriated person
from airport to the place of residence